Backgrounder to the Consultation:
On the 1st of August 2008, CIF had a meeting with the then Dy Chief Minister of Maharashtra, Shri RR Patil. During the meeting, which happened post the adverse Mumbai High Court verdict in the Anchorage case, CIF made a strong case for a new law on Child Sexual Abuse (CSA) in Maharashtra. Shri RR Patil made a commitment that Maharashtra would adopt a new law in line with the best laws in the world.
Subsequently, a meeting was organised by WCD, Maharashtra and upon their request on the 26th of May 2009, CIF organised a consultation of NGOs in Mumbai at the Patrakar Sangh Hall.
During the meet two clear recommendations that were arrived at were:
Thereafter there was a lull in coordination with Maharashtra Government as the state went into election mode.
CIF however set up a core group to research CSA laws around the world and also commence working on a draft bill.
With assistance from an American Lawyer from the National Centre for Missing and Exploited Children, Washington and guidance from International Justice Mission, Mumbai a new draft law has been developed.
In November 2009, the issue of the CSA Bill was referred to Chairperson, NCPCR , Ms Shanta Sinha, at the CHILDLINE National Partnership Meet in Delhi. She indicated that MWCD had referred the "Prevention of Offenses against the Child Bill" to NCPCR and she was keen to look into the draft bill developed by CIF.She then immediately setup a national consultation on 19th January 2010.
During the national consultation, the consensus opinion was that the Prevention of Offenses against the Child Bill", which featured everything from Child Labour to Child abuse and corporal punishment did not do justice to any of the ssub components in it and hence that there is a need for a separate CSA Bill. and a therefore a new law which covered substantive and procedural aspects for CSA was urgently needed
This view was the eventual consensus of the consultation and has been duly recorded by NCPCR. It was also agreed that the "Prevention of Offenses against the Child Bill" does not cover CSA adequately and a new draft bill specifically addressing CSA would be submitted by a Committee, setup during the consultation, to NCPCR by June 2010.
The committee (of which CIF is member), would also examine the draft bill for CSA prepared by CIF for submission to the State Government of Maharashtra.
The Committee setup for examining the CSA draft bill has to submit its recommendations by June 2010 to NCPCR. The Convener of the Committee is Ms Vidya Reddy of Tulir. This committee held its first consultation on the 10th of April 2010, in Chennai.
In the meanwhile, the Ministry of Home Affairs has come out with draft bill, "The Criminal Law (amendment) Bill 2010" with the object to amend the Indian Penal Code, the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872.
This therefore is an opportunity for us to make recommendations to both the MHA for changes in IPC as well as to NCPCR/Law Ministry for a new CSA law.
The MHA draft bill has been the subject of intense discussions both at the Chennai consultations on April 10th as well as the Woman's groups consultation held in Mumbai on April 10th/11th (FAOW).
CIF has also met with Shri RR Patil, Minister for Home Affairs, Government of Maharashtra and he has agreed to take up the issue of a new law on CSA in Maharashtra urgently.